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Waste

EPA Guide Clarifies Municipalities’ Exemption Under 2018 Brownfields Law

Private-practice attorneys are citing a guidance EPA quietly released in June that they say clarifies 2018 amendments to brownfields law, making clear that land banks and redevelopment authorities can qualify as local governments exempt from Superfund liability when they obtain contaminated property under certain circumstances.

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Attorneys Say High Court’s Superfund Ruling Leaves ‘Dangling’ Questions

Attorneys analyzing the Supreme Court’s ruling in a Superfund case testing the ability of private landowners to amend a cleanup remedy say the ruling resolves some legal issues such as finding them to be responsible parties but leaves “dangling” questions, including how courts will address conflict preemption in future cases.

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Attorneys Say High Court's Superfund Ruling Leaves 'Dangling' Questions

Attorneys analyzing the Supreme Court's ruling in a Superfund case testing the ability of private landowners to amend a cleanup remedy say the ruling resolves some legal issues such as finding them to be responsible parties but leaves "dangling" questions, including how courts will address conflict preemption in future cases.

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Utilities, Environmentalists Spar Over EPA Ash Policy’s Scope On Reuse

Power industry groups and environmentalists are sparring over whether EPA can apply its proposed coal ash permit rule to ash reuse, with utilities saying reuse is categorically excluded from the policy while environmentalists say the agency must first pursue the permitting process before declaring ash reuse exempt from the regulation.

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Critics Question Extent Of ‘Reform’ In EPA Review Of Superfund NPL Sites

EPA is pitching its plan to review contaminated sites that have remained on Superfund’s proposed National Priorities List (NPL) but have never been finalized as NPL sites as part of the Trump EPA’s Superfund reforms, even as sources familiar with the issue say such reviews have occurred periodically and do not warrant labeling as a reform exercise.

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Six Former EPA Chiefs Back Calls To ‘Reset’ Agency For Future Priorities

A bipartisan group of six former EPA administrators is endorsing a series of recommendations from former agency staff and political officials to “reset” the agency so that it can tackle looming major environmental issues such as climate change with a forward-looking plan that includes removing politics from its scientific and economic analyses.

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North Carolina probing natural resource damages from PFAS

The state’s attorney general is expanding an investigation of per- and polyfluoroalkyl substances (PFAS) contamination in the state to include natural resource damages.

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Two Circuit Courts Clarify Triggers Under CERCLA Statutes Of Limitations

Two federal circuit courts have ruled recently in favor of allowing a degree of flexibility in determining the triggers for two different statutes of limitations when filing Superfund cost recovery actions or contribution actions, rejecting lower court decisions that held the actions were time-barred.

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In PFAS Suit, DOD Defends NEPA Categorical Exclusion For Incineration

The Defense Department (DOD) is defending its decision to use a categorical exclusion from environmental review requirements for a contract to dispose of per- and polyfluoroalkyl substances (PFAS) through incineration, disputing environmentalists’ lawsuit citing extra-record material and trying to apply defense law limits on such burning.

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EPA, Utah Settle Gold King Spill Claims But Broader Litigation Ongoing

EPA and Utah have agreed to settle the state’s legal claims over the massive 2015 Gold King Mine wastewater spill that was set off by an agency-led cleanup project, with the agency agreeing to provide Clean Water Act (CWA) cleanup grants for affected areas and setting deadlines to begin cleanups under the Superfund program.

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